Displaying items by tag: Legal

India: The Supreme Court has ordered the National Company Law Appellate Tribunal (NCLAT) to adjudicate upon all issues relating to the Binani Cement insolvency case, including whether Ultratech Cement’s bid for the company is eligible. The case will be heard by the appeals tribunal from mid-July 2018, according to the Mint newspaper. The NCLAT is the body that processes appeals from the National Company Law Tribunal, a legal body that adjudicates disputes between companies.

UltraTech Cement made a direct bid of US$1.12bn for the bankrupt Binani Cement following an auction in March 2018 that was originally won by Dalmia Bharat. Dalmia Bharat has disputed UltraTech Cement’s offer and the two companies have conducted legal campaigns to reinforce their respective claims.

France/Syria: Lafarge SA, a subsidiary of LafargeHolcim, has been placed under judicial investigation over its actions in Syria between 2011 and 2014. It has been accused of complicity in crimes against humanity and financing terrorism, according to the Agence France Presse.

LafargeHolcim said that would appeal against the charges. It admitted that the system of supervision of its Syrian subsidiary did not allow the company to identify wrongdoing. However, it blamed this on “…an unprecedented violation of internal regulations and compliance rules by a small group of individuals who have left the group.”

“We truly regret what has happened in the Syria subsidiary and after learning about it took immediate and firm actions. None of the individuals put under investigation is today with the company,” said the chairman of the board of LafargeHolcim, Beat Hess.

Non-government organisation (NGO) Sherpa, one of the plaintiffs in the case, said it was the first time that a parent company anywhere in the world had been charged with complicity in crimes against humanity. A panel of three judges in Paris has ordered Lafarge to pay over Euro30m as a security deposit ahead of the trial. Eight former executives, including ex-chief executive officer (CEO) Bruno Lafont, have already been charged in connection to the investigation.

Colombia: The Council of State has confirmed a US$0.31m fine to Holcim Colombia imposed by the Superintendent of Industry and Commerce (SIC) for fixing the price of cement. The ruling follows a similar confirmation of a fine to Cemex. The court found that an agreement between Cemex Colombia, Holcim Colombia and Cementos Argos distorted the price, supply and sales of Ordinary Portland Cement in the second half of 2005.

China: Yang Yongzheng has resigned as a non-executive director of China Tianrui Group Cement Company due to a prison sentence. Yang has also resigned as a member of the group’s nomination committee. He has been replaced on the nomination committee by Li Liufa, the chairman of the company.

Colombia: The Council of State has confirmed a fine to Cemex imposed by the Superintendent of Industry and Commerce (SIC) for fixing the price of cement. The ruling found that an agreement between Cemex Colombia, Holcim Colombia and Cementos Argos distorted the price, supply and sales of Ordinary Portland Cement in the second half of 2005. In particular the tribunal found that the way in which Argos gave information about Cementos Andino’s involvement in the national market to Cemex and Holcim was be anti-competitive.

India: The Kerala High Court is investigating how files have disappeared from its premises regarding a corruption case into Malabar Cement. The files were part of a 2015 petition, seeking a Central Bureau of Investigation probe into alleged instances of corruption in the cement producer, according to the Press Trust of India. Justice B Sudheendra Kumar described the situation as ‘alarming.’

In early 2017 the Vigilance and Anti-Corruption Bureau, a corruption body in the state of Kerala, arrested Prakash Joseph, a legal officer at Malabar Cements, in relation to a loss of US$0.4m. Previous to this in mid-2016 the Vigilance and Anti-Corruption Bureau arrested K Padmakumar, the managing director of Malabar Cements, on charges of corruption and irregularity.

India: UltraTech Cement’s costs are growing over its offer to buy Binani Cement. A legal counsel in the National Company Law Tribunal (NCLT) told the Business Standard newspaper that the subsidiary of Aditya Birla Group is liable to pay lenders around US$0.22m/day in additional interest until the takeover is completed. Any decision made by the NCLT will still have to go before the Supreme Court further delaying the process.

UltraTech Cement made a direct bid of US$1.12bn for the bankrupt Binani Cement following an auction in March 2018 that was originally won by Dalmia Bharat. However, Dalmia Bharat’s offer did not include paying interest to lenders. Binani Cement’s insolvency resolution process has overrun its 270-day time frame by nearly two months.

Italy: The Administrative Regional Court of Lazio has confirmed fines on local cement producers for cartel-like behaviour after an appeal process. Italcementi has been fined Euro84m, Buzzi Unicem has been fined Euro60m and Cementi Moccia has been fined Euro0.69m, according to the ANSA news agency.

The Italian Competition Authority (AGCM) originally imposed total fines of over Euro180m in late 2017 upon Italcementi, Buzzi Unicem, Colacem, Cementir, Sacci, Holcim, Cementirossi, Barbetti, Cementeria di Monselice, Cementizillo, Calme, Cementi Moccia, TSC and the Italian Cement Association (AITEC) for allegedly coordinating sales prices and agreeing market share from June 2011 to January 2016. The other cement companies are currently awaiting the outcome of their own appeals.

Colombia: Ricardo Naya, the president of Cemex Colombia, says that he expects that the company's new US$356m cement plant at Maceo in Antioquia will go into operation at the end of 2018. At present the company is trying to guarantee with the Regional Autonomous Corporation of Antioquia environmental agency that it will have the necessary permits to operate the plant at full capacity, according to the La Republica newspaper.

In 2016 Cemex fired several senior staff members in relation to the Maceo project and its subsidiary’s chief executive resigned. This followed an internal audit and investigation into payments worth around US$20.5m made to a non-governmental third party in connection with the acquisition of the land, mining rights and benefits of the tax free zone for the project. The US Department of Justice has also investigated the project.

Cemex Colombia is also fighting a fine by the Superintendent of Industry and Commerce (SIC) for alleged market collusion in the cement business. It agreed to pay the fine but has appealed to the Dispute Tribunal.

India: The Supreme Court has said that the final sale of Binani Cement cannot complete without its approval. It added that no decision on the sale will now be made until at least early July 2018. However, it has allowed the debt resolution process to continue, according to the Press Trust of India. UltraTech Cement and Dalmia Bharat have both made bids for the bankrupt cement producer but they have fought each other legally over the process.